Are social media websites more like newspapers (with strong free speech rights) or common carriers (with weaker free speech rights)? Enjoining enforcement of Florida’s Internet speech law, SB 7072, a federal judge recently wrote that they’re somewhere “in the middle.” Eugene Volokh, of UCLA School of Law, and Berin Szóka, president of TechFreedom, join the show to debate whether that’s right.
For more on Eugene’s position (i.e., some aspects of social media can properly be analogized to common carriage), see Eugene’s recent post, “Social Media Platforms as Common Carriers?,” at The Volokh Conspiracy. For more on Berin’s position (i.e., social media is nothing like common carriage), check out the amicus brief TechFreedom submitted in the Florida litigation.
#324: Parler Games
#323: Florida & Texas vs. the Internet
#322: FTC Commissioner Noah Phillips
#321: Musk’s Moderation Musings (And Beyond)
#320: The Right and Social Media
#319: Remember FAANG?
#318: The Universal Service Fund
#317: Making Progress
#316: Putin’s War and the Internet
#315: Social Media “Transparency” as First Amendment Violation
#314: The State of Internet Freedom
#313: Responding to the Broadband Populists
#312: Web3
#311: Administrative Law, and Why You Should Care
#310: Algorithmic Amplification
#309: Conspiracy Theories and the Internet
#308: All Eyes on the FTC
#307: Complexity Theory in One Lesson
#306: The New Space Race
#305: FISA at the Supreme Court
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